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Top DUI Defenses

Posted on : April 20, 2016, By:  Brian Kelley

Being arrested for a DUI can be a frightening experience, but you can face your case with confidence when you have an attorney with a solid defense plan on your side. Learn about the top DUI defenses in Mississippi and how you can get the representation you need to protect your legal rights after being charged with drunk driving.

Equipment Malfunction

Law enforcement officers have certain requirements they must meet in order to properly maintain and calibrate equipment, like breathalyzer devices. One of the first things a DUI defense attorney may look at is the calibration or maintenance log of the breathalyzer used to determine your BAC level. If the law enforcement officer did not adhere to regulations when maintaining the equipment, the breathalyzer test results may be omitted from evidence.

Probable Cause

In order to pull you over in the first place, an officer must have probable cause to do so. An out-of-date license plate, speeding, or disobeying any traffic laws is probable cause. However, weaving inside your own lane is not, and that is a common reason why Mississippi law enforcement officers pull over cars under the suspicion of drinking and driving. If it can be proven that the officer did not have probable cause to stop you, you may be able to get your case dismissed.

Alternative Explanations for Your Behaviors

Driving erratically or even performing poorly on field sobriety tests is not proof in and of itself that you were intoxicated. Your attorney may look into alternative explanations for certain behaviors, such as erratic driving and the inability to complete field sobriety testing. For example, you may have been fatigued or you may have a medical condition that explains these behaviors.

Alternative Explanations for Failed Breathalyzer

In some cases, breathalyzer test results may still be omitted even if the officer properly calibrated his or her equipment. If the officer did not follow procedure and observe you for a certain period of time before testing you, or you ate or drank shortly before taking the test, or you have a medical condition like acid reflux, these reasons may be enough to have the results thrown out of court.

Contact J. Brian Kelley Today

The most important thing you can do after a DUI arrest is contact an experienced attorney to defend you. Your lawyer will review your case to determine the best defense tactics for you individually and will work hard to protect your rights. Call J. Brian Kelley for a consultation now at (662) 324-3476.


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